Essentials of Environmental Law - Higher Education | … Introduction to the Instructor s Manual This manual is an aid for Instructors that are using the Essentials of Environmental

Essentials of

Environmental Law

By Craig Simonsen

Instructor s Manual(Updated 2002)

Second Education

Copyright ' 1995 & 1998

2

TABLE OF CONTENTS

Introduction to the Instructor s Manual and the Course Website

Preface

Introduction

Chapter 1: Clean Air Act

Chapter 2: Clean Water Act

Chapter 3: Toxic Substances Control Act

Chapter 4: Resource Conservation And Recovery Act

Chapter 5: Comprehensive Environmental Response, Compensation, And Liability Act

Chapter 6: Emergency Planning And Community Right-To-Know Act

Chapter 7: National Environmental Policy Act

Chapter 8: Administrative Law And Procedure

Appendix A: Data Analysis: Building A Non-Binding Allocation Of Responsibility/A Model

Database Structure, with Exempliary "NBAR" Application: A Paradox 4.0

Runtime Program For Superfund-Type Allocation Analysis, and "NBAR"

Application Transaction Documents

Appendix B: Document File Organization, Indexing, And File Management In Environmental

Cases: Computer Database And Programming Techniques

Appendix C: Key Telephone Contacts

Appendix D: Selected Environmental Resources on the Internet

Attachment 1: Textbook Website Materials (www.pearsonpub-legal.com)

Attachment 2: Course Syllabus (syllabus.doc)

Attachment 3: Mid-Term Examination (quiz01.htm; quiz01.doc)

Attachment 4: Certificate of Library Visit (visit.doc)

Attachment 5: Research Paper Assignment (paper.doc)

Attachment 6: Final Take-Home Examination (final.htm; final.doc)

Attachment 7: Blackboard.Com Course Site (coursesite.blackboard.com)

3

Introduction to the Instructor s Manual

This manual is an aid for Instructors that are using the Essentials of Environmental Law textbook.

The chapters and appendices here correspond directly to the textbook chapters and appendices.

Also included here are useful materials for teaching the course. For instance, the Internet

materials and links on the Pearson Publications website (at Att. 1) provide update and current

information in environmental law, and provide a wealth of Internet links, including a linking copy

of App. D references; the syllabus (at Att. 2) lays out the whole course on a fourteen week

schedule, with requirements, reading schedule, tests and assignments. A mid-term exam is

included (at Att. 3), which covers the preface, introduction, and the first three chapters. The

exam in MS Word version (quiz01.doc), in columnar format, with the answers given in the right-

most column (which column, of course, should be deleted before distribution to the class!). Also,

an HTML version of the exam (quiz01.htm) is provided without the answers column.

It is suggested that instructors require their class to visit, individually (or in small groups), a local

EPA library, or an environmentally friendly university library. A visit certificate is provided

(Att. 4) for students to show their participation. A suggested research paper is described and

specified (at Att. 5).

A final examination is included (at Att. 6). The final is definitely intended for either take home or

the computer laboratory, and is suited to an open-book form. The final, in MS Word version

(final.doc), is in columnar format, with the suggested answers given in the right-most column

(which column, of course, should be deleted before distribution to the class!). Also, an HTML

version of the final (final.htm) is provided without the answers column.

Finally, for schools and instructors that wish to use the Blackboard.Com coursesite prepared that

corresponds directly to the textbook, some related information is provided (at Att. 7).

Suggestions for Course Presentation

The following chapters provide brief chapter outlines, with some annotations, to assist instructors

in their lectures. In addition, supplemental suggested assignments and supplemental discussion

questions and questions for pop quizzes are provided. As there may be considerable diversity in

course structures and curriculum in paralegal and legal assistant education programs, suggestions

and comments in the Instructor’s Manual are only for your consideration in teaching with the

corresponding textbook.

In the School s Library Reserve Section

There are a couple of resource books recommended for the reserve shelf in your school s library

to supplement the textbook. These volumes can be incorporated into your course outline, through

classroom assignments and discussion.

The first is a reference book, the Environmental Law Resource Guide (ELRG) (New York: Clark

Boardman Callaghan, rev. 1994), by Craig B. Simonsen. The ELRG is a reference of

environmental law acronyms, terms, words, and phrases that in many cases provides definitions

and puts them into context. In addition, the ELRG lists contact persons in federal and state

environmental agencies and consulting firms. The ELRG also reviews and illustrates sources of

environmental information in electronic and hardcopy form, and provides a comprehensive

chronological listing of U.S. EPA policy and guidance documents (that is, a pre-Internet listing —

before the U.S. EPA started posting everything on the Internet).

4

The Federal Environmental Laws 2000 (West Publishing) provides the full text of environmental

laws and lists of related regulations. It is a necessary reference.

Comments for Updates and the Corresponding Internet Area

Instructors are urged and encouraged to submit comments to the author at [email protected].

You may also contact Craig ([email protected]) directly with particular questions. He would

be grateful for any thoughts or ideas you may have concerning this course or any supplemental

links to Internet materials of interest.

Finally, if you like to write and consider yourself knowledgeable on particular topics in or not in

the textbook, and if you would like to contribute to the next edition of the book, please let us

know.

I hope that you enjoy teaching this course as much as I have!

5

Preface

The preface was included for multiple purposes. First, it illustrates why a course in

environmental law is necessary. Second, the author has in a simple manner described how

environmental law really is something that anyone can understand. The whole concept that the

lessons that we learned in kindergarten are applicable to understanding environmental law is

novel and well stated.

Third, the author has illustrated the vast complexities and troublesome areas associated with

environmental law in just a few pages.

In discussion of the preface, instructors are encouraged to delve into some of the complexities

that the author touches on. For instance, the idea of swimmers and boaters sharing the same

waters; or how something that seems fundamentally unfair, such as Superfund, can be accepted

and propounded as the law.

6

Introduction

Discussion

The introduction is meant to introduce students to the history, background, and development of

environmental law. It also illustrates that paralegals working in environmental law can attain

both professional and rewarding positions within the legal community. Instructor’s can take the

opportunity of using the introductory materials to introduce themselves and their experiences with

paralegals and environmental law to the students.

History of Environmental Law

Instructors are encouraged to review the cited reference work, Anderson, Mandelker, and

Tarlock, Environmental Protection: Law and Policy (Boston, Mass.: Little, Brown and Company,

1984). The introduction to this volume can provide hours of interesting and useful lecture

material.

Paralegal’s In Environmental Law

A question that is common with every new class is "what kinds of work will I be able to do in

environmental law?" The introduction to the textbook is meant to illustrate common activities.

For more discussion on this, instructors can refer to the following outline.

PARALEGAL ACTIVITIES IN ENVIRONMENTAL LAW

I. General Tasks

A. Organization, implementation, and delegation of paralegal projects.

B. Legal computer systems analyst/manager:

1. Database and support applications design, implementation, and

maintenance.

2. Network and database administration.

C. Preparation and organization of:

1. Information resources.

2. Literature and informational updates.

3. Departmental meetings.

4. Client news updates.

5. Client seminars and workshops.

II. Client Projects

A. Information services:

1. Freedom of information request preparation with follow-through to local,

state, and federal authorities.

2. Retrieval of publicly available information from the electronic and paper

information and library services.

3. Due diligence public information reviews.

B. Litigation and administrative law support:

1. Preparation for and assisting with client interviews and meetings.

2. Document organization and analysis.

3. Research and writing.

4. Drafting and review of discovery pleadings.

5. Drafting, review, and cite checking of briefs and other documents.

6. Abstraction of depositions and trial/hearing transcripts, and exhibits.

7. Preparation of trial notebooks, including outlines, citations, supporting

materials, and exhibits.

7

8. Trial assisting.

9. Appellate case support:

a. Compilation of the record on appeal.

b. Additional research and writing.

c. Drafting, review, and cite checking of briefs and other

documents.

Suggested Assignments

1. Consider asking your students to visit a local U.S. EPA or state EPA library, seeking out

especially environmental research materials. If one is not available, University libraries

can be good also. Contact the library before you send your students over, and inform the

librarian that they will be coming. Also let them know that your class will have visit

certificates and that the instructors would appreciate if the library would complete the

forms for the students.

2. Instructors are encouraged to assign a research paper to students. The research paper

assignment form (at Att. 5) is specifically intended for the review and analysis of

substantive new, proposed, or amended regulations. Instructors are encouraged to ask

students to prepare the research paper in an office memorandum format (to get them

accustom to this important form of office communication).

Also, instructors are encouraged to have the students present their research paper findings

orally in class. The purpose of the exercise is to get students accustomed to on-the-spot

short presentations of something they have researched (of course, a common occurrence

in the legal and business community).

Supplemental Discussion or Quizzing Questions

Introduction To Environmental Law

1. Why was the preservationist movement politically less attractive than the

conservationist movement?

2. Can you identify in today’s environmental groups either preservationist and

conservationist roots?

Legal Responses To Environmental Problems

1. Assuming that environmental torts were available to complainants, why were

broad based environmental statutes necessary?

2. In an environmental toxic tort case, is it reasonable to make awards where a

disease has potentially been contracted, say, by working in a friable asbestos

environment, but where no physical harm is evidenced?

3. Is the fear of cancer enough to compensate? How could compensation be

measured?

8

Chapter 1: Clean Air Act

Outline

• Role of the EPA

• National Ambient Air Quality Standards

• Criteria Pollutants

• State Implementation Plans

• Federal Implementation Plan

• Role of States

• Rulemaking and Permitting Activity

• Technology Standards and Emission Standards

• Reporting Obligations

• Permit Applications

• National Emission Standards for Hazardous Air Pollutants

• Accidental Releases of Hazardous Air Pollutants

• EPA Investigations

• Control Technology Guidelines

• Transportation Controls

• New Source Performance Standards

• Prevention of Significant Deterioration

• New Source Review Requirements

• EPA Enforcement

Supplemental Assignments

1. Instructors can provide students with copies of sample air monitoring reports for a

particular facility. Ideally, restrict the reports to a relatively short period of time, such as

over a six month period. Have each student prepare a trend analysis of one or more of

the sampled constituents listed on the reports.

This is a project that students can do with or without a computer database or spreadsheet

program. All that they really needs is some graph paper, and some guidance on the

specific parameters that you want graphed. However, doing this in the computer lab on a

spreadsheet package would be ideal. Spreadsheet experience is crucial for up-and-

coming paralegals!

This assignment can be set-up as follows: Our client has received a notice of violation for

its SO2 emissions from its main processing line. We have a meeting with our client in a

week, and so we need to understand just what were the emissions, and whether there

were any noticeable trends.


1. Is it reasonable to combine so called "collar counties" that surround large municipalities

in the same air quality management district as the large municipalities?

An example of this is in the Chicago air management district, which includes all of Cook

County, and the surrounding counties of Kane (a rural farming area), Lake, DuPage, and

others.

9

Chapter 2: Clean Water Act

Outline

• Clean Water Act

¥ Rivers and Harbors Act of 1899 ("Refuse Act")

• Federal Water Pollution Control Act Amendments of 1972

• Technology-Based Limitations

• Water Quality Act of 1987

• Five Titles

• National Pollution Discharge Elimination System Permit Program

• Point Source

• Waters of the United States

• Water Pollutant

• NPDES Permitting

• Storm Water Discharges NPDES Permits

• Effluent Limitation Guidelines

• Permit Modifications

• Toxic Effluent Standards

• Enforcement Provisions

• Citizen Suits

• Pretreatment Programs

• Water Quality Standards

• Oil and Hazardous Substances

• Section 311 RQ Spill Notification Provisions

• Section 404 Permits


1. Instructors can provide students with copies of sample DMRs for a particular facility.

Ideally, restrict the DMRs to a relatively short period of time, such as over a six month

period. Have each student prepare a trend analysis of one or more of the sampled

constituents listed on the DMRs.

This is a project that students can do with or without a database or spreadsheet program.

All that they really needs is some graph paper, and some guidance on the specific

parameters that you want graphed. However, doing this in the computer lab on a

spreadsheet package would be ideal. Spreadsheet experience is crucial for up-and-

coming paralegals!

This assignment can be set-up as follows: Our client has received a notice of citizen suit

from the local tree huggers association for exceedences of its outfall no. 003 effluent

limitations. We have a meeting with our client in a week, and so need to understand just

what were the outfall parameters detected, and whether there were any noticeable trends.

2. Have your students prepare case briefs on cases cited in the chapter by the author. Ask

them to state in their briefs whether they agree with the proposition for which the author

has offered the case in the text.

10

• For students looking for extra credit, you can ask them to run Shepards of

the cited cases, and to research whether any of the stated propositions have been

overturned, or if there are subsequently any better cases there to cite to.


1. Consider how the current environmental regulatory system is segregated by

environmental medium (e.g., Air Division; Water Division). Pose a problem that can

illustrate the complexities and issues involved in multimedia environmental compliance.

As an example, consider a situation where you have a large municipal utility plant that is

permitted under the CAA to emit 200 tons per year of SO2. That plant is down the street

from a small manufacturing facility that has received a notice of violation for SO2 in its

storm water effluent. In this scenario, the small manufacturing plant believes, based on

weather events and sampling trends that the SO2 compliance problem is caused directly

by the permitted air emissions of the large municipal utility plant up-stream.

• In this example, has the segregated environmental systems, that is the Air

Division that issued the permit to emit SO2, and the Water Division that has

brought enforcement for SO2 exceedences, failed to properly consider the effects

of their decisions?

11

Chapter 3: Toxic Substances Control Act

Outline

• Authority to Market Chemical Substances

• The TSCA Inventory

• Pre-Manufacture Notices

• EPA Review of Pre-Manufactured Notices

• TSCA Testing Provisions

• Significant New Use Rules

• Regulation of Unreasonable Risk under Section 6 of TSCA

• Polychlorinated Byphenols

• Asbestos

• Reporting and Recordkeeping Requirements

• Enforcement and Penalties under TSCA

In addition, the instructor may wish to provide some discussion on those areas that are outside the

scope of the chapter. Those areas might include:

• The preventive regulatory scheme under TSCA as compared to other approaches under

other federal environmental statutes;

• The relative priority that TSCA takes in U.S. EPA’s overall regulatory enforcement

program;

• The explicit focus on certain highly publicized substances under TSCA (PCBs, asbestos,

radon).


1. As a research paper assignment, have the class look up the PCB regulations and answer

one or more of the following questions. Require the class to provide complete citations

and to quote from the rules to support their answers.

• One of our new clients is a small electrical appliance manufacturer. Can the client use

PCBs in new commercial products manufactured in the United States?

• PCBs have been detected in a transformer that is being disassembled at a client’s

manufacturing facility. The fluid in the transformer has been sampled and shows PCBs

of over 300 ppm. Can our client dispose of the transformer at a local municipal landfill?

2. Ask the class to locate an administrative decision (either in print or on-line) in an

enforcement action under TSCA. Ask for a summary of the decision. For example, what

violation did EPA allege? What was the primary issue? How was the case decided?

Was a fine or penalty assessed? Does the student agree with the decision?

3. As a research assignment, ask the class to locate a copy of EPA’s Regulatory Agenda.

Ask the class to describe the rulemakings in progress under TSCA.

4. Ask the class to locate one (or more) general articles about asbestos-containing material

in school buildings. Ask the class to locate EPA’s document titled "A Citizen’s Guide to

Radon."

12


1. Many scholars have written that the scare concerning PCBs is way off mark. For

instance, it has been suggested that PCBs are less hazardous than peanut butter. The EPA

has specifically targeted PCBs for regulation as an especially dangerous hazardous

substance.

• Has the EPA been misdirected in its vigorous regulation of PCBs?

• If you worked in the EPA’s Regional Counsel’s office, how would you support the

proposition that PCBs represent a grave danger to society?

• What information supports the argument that PCBs are no more dangerous than other

commonly accepted substances?

• How do the risks associated with PCBs compare to other risks that are generally accepted

in our society?

• What are EPA’s preferred methods for disposing of PCBs?

• What is the purpose of the Toxic Substances Control Act?

• What substances are exempt from regulation under the Toxic Substances Control Act?

• How does the regulatory scheme under the Toxic Substances Control Act differ from that

under other federal statutes, such as the Clean Air Act and the Clean Water Act?

• How does the Toxic Substances Control Act accomplish its primary goal of regulating the

manufacture of chemicals to be used in commerce?

• What is the TSCA inventory?

• What is the approximate number of chemicals listed on the TSCA inventory?

• What is a premanufacture notice or PMN?

• When is a company required to submit a premanufacture notice to EPA?

• What information is required in a premanufacture notice?

• What does the Environmental Protection Agency do once a premanufacture notice is

submitted to the Agency?

• What actions can EPA take in response to the company’s submittal of a premanufacture

notice?

• What is a significant new use rule or SNUR?

• Under Section 6 of TSCA, what actions can EPA take if the Agency decides that a chemical

presents an unreasonable risk to human health or to the environment?

13

• What are PCBs and why are they of concern?

• Why are PCBs explicitly regulated under TSCA?

• How are PCBs regulated under TSCA?

• Under TSCA, what records is a chemical manufacturer required to keep?

• Under TSCA, what reports is a chemical manufacturer required to make to EPA?

• What authority does EPA have to conduct inspections under TSCA?

• What authority does EPA have to enforce provisions of TSCA?

• Does EPA’s enforcement authority include potential criminal liability?

• Does EPA typically pursue enforcement initiatives or actions under TSCA?

• How does EPA determine the appropriate amount of any proposed penalties under TSCA?

14

Chapter 4: Resource Conservation And Recovery Act

Outline

• Resource Conservation and Recovery Act

• "Cradle-to-Grave" Management of Solid Waste

• Definition of Solid Waste

• State or Regional Solid Waste Plans

• Municipal Solid Waste Landfill

• Not-in-my-Backyard Syndrome

• Local Siting Rules

• Hazardous Waste Generation, Transportation, Treatment, Storage, and Disposal

• Hazardous Waste Defined

• Characteristic Hazardous Waste

• "Listed" Wastes

• "Mixture and Derived From" Rules

• RCRA TSD Permit Program

• TSD Rules

• Generator Status

• Manifests

• Land Disposal Restrictions

• Underground Storage Tank Program

• State Program Authority

• Enforcement

• "Private Attorneys General"


1. As a computer lab project, have your students locate the EPA s OSWER section on the

Internet. The assignment is to obtain a list of files and other reference documents that

relate to the closing of a municipal landfill.

2. Have your students prepare case briefs on selected cases cited in the chapter by the

author. Ask them to state in their briefs whether they agree with the proposition for

which the author has offered the case in the text.

• For students looking for extra credit, you can ask them to run

Shepards of the cited cases, and to research whether any of the stated

propositions have been overturned, or if there are subsequently any better

cases there to cite to.


1. Many would argue that air toxics represent a far greater danger to society as a whole than

a leaking landfill. The EPA has frankly admitted that remediating landfills is a more

popular way to spend its time and resources.

• Is it acceptable that a popular misconception, such as that leaking

landfills represent a graver danger than other environmental problems,

should drive the EPA in how it spends its time and resources?

15

2. Assume that your client has to file an application for siting approval from either the state

EPA or a local siting authority. The attorney has come to you, the paralegal on the case

and asks:

• Where can we find, or how should we collect the information on

transportation accidents required in the siting application?

16

Chapter 5: Comprehensive Environmental Response, Compensation, And Liability Act

Outline

• Comprehensive Environmental Response, Compensation, and Liability Act

of 1980

• Superfund Amendments and Reauthorization Act of 1986

• National Contingency Plan

• Uncontrolled Hazardous Waste Site Ranking System

• National Priorities List

• Section 106 Enforcement Action

• Section 107 Cost Recovery Action

• Section 104(e) Information Request

• Section 122 Negotiations and Settlement Provisions

• Nonbinding Preliminary Allocation of Responsibility

• Remedial Investigation/Feasibility Study

• Section 117 Public Participation Provisions

• Community Relations Plan

• Preliminary Assessment

• Site Inspection

• NPL Listing

• Removal action

• Long Term Remedial Action

• Applicable or Relevant and Appropriate Requirements

• Record of Decision

• Remedial Design/Remedial Action

Instructors are also encouraged to provide more detailed lectures on the CERCLA 103(c) notice

provisions (include reference to the EPA publications of this data) and the Reportable Quantities

program. Also, note the correlation to the chapter 2 discussion of the CWA oil and hazardous

substances program. While not covered or necessary in the textbook chapter, these areas can be

discussed.


1. Plan a computer laboratory session. For paralegals, being able to design and setup a

database to assist with the waste-in analysis is important. The NBAR application

included with this appendix A is fairly old, and DOS based, but it provides a working

database package that students may find easy to use and understand, and instructors may

be able to teach from. See appendix A for more information about the application.

2. Have the students prepare a FOIA request for a copy of the Regional CERCLIS, or for

copies of 104(e) responses for a particular Superfund site.

3. Require that your students visit the U.S. EPA Library to collect the names of selected

filers of CERCLA 103(c) notices. For instance, all notices filed for the town of

McHenry, Illinois.

A plausible purpose for this assignment is that there is a neighboring Superfund site, and

that the Steering Committee is collecting information as part of its PRP search.

17

4. Initial meetings of Superfund sites can be informative or frustrating. To illustrate an

informative start for a typical Superfund PRP group, ask your students to prepare a

meeting "Agenda and Handouts" for the meeting. Some suggested items are listed

below:

LISTED SUPERFUND SITE

INITIAL MEETING OF PRPs

JANUARY 4, 2002

AGENDA AND MEETING HANDOUTS

I. Introductions

II. History of the Site

III. Current Status of the Site

IV. First Draft Ranking of PRPs

V. De Minimis Buyout Proposal

5. Have your students prepare case briefs on the cases cited in the chapter by the author.

Ask them to state in their briefs whether they agree with the proposition for which the

author has offered the case in the text.

• For students looking for extra credit, can ask them to run Shepards of the

cited cases, and to research whether any of the stated propositions have been



1. Have your class review the current legislative proposals to re-authorize Superfund.

Discuss the proposals and the merits of the various provisions being suggested.

18

Chapter 6: Emergency Planning And Community Right-To-Know Act

Outline

• Emergency Planning and Community Right-to-Know Act

• Superfund Amendments and Reauthorization Act

• State and Local Preparedness for Hazardous Materials Incidents

• Provision of Information to the Public and to Local Governments concerning

Potential Hazardous Material Threats

• State Emergency Response Commission

• Local Emergency Planning Committee

• Emergency Planning Requirements

• Reporting Requirements

• Section 302 EHS-TPQ Report

• Section 304 Immediate Reporting of a RQ Release of a CERCLA Hazardous

Substance

• Section 311 Submission of Material Safety Data Sheets

• Section 312 Submission of Emergency and Hazardous Chemical Inventory Form

• Section 313 Submission of Toxic Chemical Release Form

• Other Considerations


1. As a computer lab project, have your students locate and access the Right-To-Know

Network ( RTK Net ) on the Internet. As a scenario, explain that we have to file

requests to admit in a CERCLA proceeding, and so are particularly interested in

obtaining all Toxic Release Form R reports for the defendant in this case. In giving the

assignment, instructors may wish to limit the facility being researched to one with only a

few reports on file. Students may print the summary information on the filings for the

facility, and turn that in for credit.

2. Have the students prepare a FOIA request for copies of all TRI Form Rs and other spill

and release events for a particular facility. For instance, request the documents for a

plant that has recently been in the local news for having an environmental or a health and

safety problem.


1. What is the benefit for the community of having access to EPCRA reportable

information?

2. Can you think of objections that industry might have to reporting its chemical use and

process information?

19

Chapter 7: National Environmental Policy Act

Outline

• National Environmental Policy Act

• First Earth Day

• Creation of the Environmental Protection Agency

• Regulation of Federal Agencies

• Three Titles

• National Policy for the Environment

• Obligations are "Essentially Procedural"

• Council on Environmental Quality

• The "NEPA Process"

• Environmental Assessment

• Categorical Exclusion

• Finding of No Significant Impact

• Environmental Impact Statement

• Major Federal Action

• Significant Impact

• Scoping

• Record of Decision

• Standard of Review


1. Have your class go to a local document depository/library to review a draft EIS for a

project that is being considered locally. Specifically, ask them to summarize the EIS

file/documents, and ask them to consider whether the EIS is complete when contrasted

with the requirements of the Act. Based on the EIS, would they approve of the project as

proposed?

2. Have your students compile a list of all notices in the past ninety days of proposed or

final EISs. This can be accomplished either through a hardcopy review of the Federal

Register, or; through a computer — GPO on the Internet or on Lexis or on Westlaw

Federal Register files -- laboratory class. The listing would be turned in for the

assignment credit.

3. Have your students prepare case briefs on selected cases cited in the chapter by the

author. Ask them to state in their briefs whether they agree with the proposition for

which the author has offered the case in the text.

• For students looking for extra credit, you can ask them to run Shepards of

the cited cases, and to research whether any of the stated propositions have been



1. Does the assumption that every decision can be reviewed fairly through a cost-benefit

analysis hold up under scrutiny?

a. Consider the Oregon spotted owl versus the timber industry case example; or the

salmon spawning versus Washington and Oregon State farmers case example.

20

Chapter 8: Administrative Law And Procedure

Outline

• Administrative Law and Regulations

• Federal Administrative Procedure Act

• Research Tools and References

• Computer Databases

• Written Reference Materials

• Agency Personnel

• Statutes and Regulations

• FAPA’s Definitions

• Public Information

• Freedom of Information Act Request

• Rulemaking

• Code of Federal Regulations

• Federal Register

• Hearings and Other Matters

• Agency Decisions, Ex Parte Contacts and the Record

• Permits

• Adjudication

• Appeals

• Right of Review

• Form and Location of Proceeding

• Actions Reviewable

• Relief Pending Review

• Scope of Review


1. Identify a hearing or workshop being held by EPA or the state agency in your area during

the semester. Require students to attend the hearing and to submit a summary

memorandum on what occurred.

In introduction of this assignment to your class, place it in terms of: Our client has a large

interest in the subject matter of this hearing. We need you to attend and to provide us

with a concise summary of all the topics that were addressed. Do a good job, because we

want to provide our client with a copy of your summary memo.


1. Is it fair to assume that agency personnel are sufficiently trained and, therefore, will make

reasonable and considered decisions?

2. What do you think of judges, many of which who do not have science in their

backgrounds, taking hard looks at, and in some cases reversing agency decisions?

21

Appendix A: Data Analysis: Building A Non-Binding Allocation Of Responsibility/AModel Database Structure

For paralegals, being able to design and setup a database to assist with the waste-in analysis is

important. The NBAR application included with this appendix A is fairly old, and DOS based,

but it provides a working database package that students may find easy to use and understand,

and instructors may be able to teach from. It is highly recommended that instructors ask the

school IT administrators to install both the program and the related waste in documents onto the

computer laboratory systems, so that all you and your students have to do is to click on a button

to run the program and to view the related documents.

To install the package after downloading, unzip the nbar.zip file, leaving the subdirectories and

paths in-place. Then users may run the application from My Computer by going to the in the

"c:\nbar\" directory, and by executing the MS/DOS file called pdoxrun.pif .

Students then need only open the included waste-in documents (www.pearsonpub-

legal.com/eel/wastedoc.pdf), and input the waste volumetric information (Add Records) into the

program. Reports can then be printed to receive credit for the assignment.

For more detailed information about the NBAR application, or to get some ideas for instructing

your class in the design and development of an NBAR database, see the following User s

Guide.

22

ENVIRONMENTAL "NBAR" APPLICATION

USER S GUIDE

A PARADOX 4.0 RUNTIME PROGRAMFOR SUPERFUND-TYPE ALLOCATION ANALYSIS

by

Craig B. Simonsen

Copyright ' 1994, Updated 2002, Craig B. Simonsen

23

TABLE OF CONTENTS

Paradox Runtime End-user License

Introduction

The Environmental "NBAR" Application Menu

Add or Edit Waste-In Data

Convert Waste-In Data to Lbs.

Print Reports

Edit Lookup Tables

Leave the Application

24

Paradox Runtime End-User License

Paradox Runtime is owned by Borland International and may not be copied. The end-user

(instructor and students in the Essentials of Environmental Law course) may look solely to the

runtime application developer and his publisher for any support services required by this

application. The end-user’s sole recourse for any damages resulting from use of the application is

to the application’s developer and his publisher.

The Environmental "NBAR" Application is provided "AS IS" for educational purposes only, and

is provided by Pearson Publications Company as part of this Instructor’ Manual without

warranties or liability for any damages. Paradox Runtime is provided from Borland International

"AS IS" and without warranties or liability for any damages.

25

Introduction

This application has been developed in conjunction with the textbook on the Essentials ofEnvironmental Law. Its purpose is to illustrate and exemplify a Superfund-type non-binding

allocation of responsibility (NBAR) database application. Its use is intended strictly for

classroom edification and discussion. The application is a runtime program developed in Paradox

version 4.0. Paradox is a product of Borland International. Borland specifically excludes, by its

runtime license, any representations, warranties, or user support of any kind for the runtime

product. The author and publisher, in addition, outside of the classroom context where this

application was designed to be used, offers no representations, warranties, or user support of any

kind.

The NBAR application was developed to provide students with a hands-on practice at building an

allocation database. The application works on a menu-driven system that is relatively easy to use.

Transaction documents are provided to use in dataentry for the application (www.pearsonpub-

legal.com/eel/wastedoc.pdf).

To install the package, first download the software. After downloading, unzip the nbar.zip file,

leaving the subdirectories and paths in-place. Then users may run the application from My

Computer by going to the in the "c:\nbar\" directory, and by executing the MS/DOS file called

pdoxrun.pif .

When the application executes, the user may use the "arrow" keys to move around the menu

system, followed by the "Enter" key when the appropriate menu selection is highlighted, to

execute the menu choice. A mouse, if activated, will also select the application choices.

The application menu structure is shown in Figure 1, below.

Figure 1: Application Menu Tree

Main _____

____ Add or Edit Waste-In Data

____ Convert Waste-In Data to Lbs.

____ Print Repts __

_ ____ Print All Data

_ ____ Print Ranking List

_ ____ Print Alphabetical List

____ Edit Lookup Tables __

_ ____ Edit Containers

_ ____ Print Containers

_ ____ Edit Units

_ ____ Print Units

_ ____ Edit Document Types

_ ____ Print Document Types

____ Leave

In moving around the menu system, when selecting either dataentry or editing, in any of the

database tables discussed below, the user may select to view the data through a "form," one

record at a time, or in a "table view," to look at multiple records at a time, but some data from

each record may, in table view, run off of the screen. To make this selection, while doing

dataentry or editing press the "form toggle" key, <F7>. <F7> when pressed again will return the

user to the previous screen (either form view or table view).

26

The reports (print-outs) for this application are designed for a Hewlett Packard LaserJet or

compatible printer. If a printer other than the default is attached to the PC running this

application, the reports will still print, but the format may be other than perfect.

Program Menu Selections

The remainder of this instructor’s guide will outline the menu selections and illustrate the choices

a user will have in dataentry, editing, manipulation, and printing of data.

Add or Edit Waste-In Data

Select this menu option to add new records to the waste-in database table. The waste-in database

table contains the following field structure:

Field Name Field Type

_______________ __________

Generator A50

Transporter A50

Transaction Date D

Doct. Type Code A2

Doct. I.D. # A35

Waste Name A50

Container Type A2

Unit Type A2

Waste Volume N

Converted Pounds N

The types of dataentry and information that will be allowed into each of the fields includes:

Generator The original source of the waste materials should be entered into this field. 50

alphanumeric characters are allowed for the company or individual name. Note

that the application will automatically capitalize each word in this field. It is

recommended that normal caps and lower letters be utilized in dataentry. For

instance:

Ace Metals Company

It is critical for dataentry operators to enter the generator name exactly for each record entered.

This is critical because the application will automatically sort and rank all generators. If a single

entity is listed under two or more different spellings, it will be ranked as two or more separate

entities.

To facilitate dataentry of all records for the same generator, the Paradox duplicate key command,

<Ctrl><D>, will automatically duplicate information in the same field (e.g., Generator) in the

record just above. In a more complicated database application, a "lookup table" for generator

names could be specified.

Transporter The transporter of the waste materials should be entered into this field. 50

alphanumeric characters are allowed for the company or individual name. Note

that the application will automatically capitalize each word in this field. It is


instance:

27

Waste Transportation, Inc.

Trans. Date The date of the waste materials transaction document (e.g., waste manifest form)

should be entered here. The date should be entered with slashes, as follows:

1/1/91

Doct. Type Code This is a 2 character alphanumeric field that is linked to the Document

Type database table. Only codes that are already in the Document Type

database table will be allowed to be entered here. The application will

automatically capitalize characters entered. For dataentry, users are

encouraged to use the Document Type lookup table to automatically fill-

in this field. For instance:

MA

(See the section on Document Type lookup table for discussion of document types.)

Doct. I.D. # The identification number of the document reference, if available, should be

entered into this field. Ideally, this will be a "Bates" type number, which can

identify the document source (e.g., a number prefix of "EPA" to distinguish

documents produced by EPA). 35 alphanumeric characters are allowed for the

document I.D. number. For instance:

EPA000035

Waste Name The waste name of the waste materials should be entered into this field. 50

alphanumeric characters are allowed for the waste name. Note that the

application will automatically capitalize each word in this field. It is


instance:

Waste Solvent

Container Type This is a 2 character alphanumeric field that is linked to the Container

Type lookup table. Only codes that are already in the Container Type

lookup table will be allowed to be entered here. The application will

automatically capitalize characters entered. For dataentry, users are

encouraged to use the Container Type lookup table to automatically fill-

in this field. For instance:

DM

(See the section on Container Type lookup table for discussion of container types.)

Unit Type This is a 2 character alphanumeric field that is linked to the Unit Type lookup

table. Only codes that are already in the Unit Type lookup table will be allowed

to be entered here. The application will automatically capitalize characters

entered. For dataentry, users are encouraged to use the Unit Type lookup table to

automatically fill-in this field. For instance:

GA

(See the section on Unit Type lookup table for discussion of unit types.)

28

Waste Volume This is a numeric field where the total waste volume should be entered in

the units type specified above. For example, if the units are in gallons,

then the dataentry operator should enter the total gallons listed in the

current transaction document. Commas in numbers are not necessary.

Decimal points may be used. For instance:

1250.5555

Converted Lbs. In dataentry the Converted Pounds field will be left blank. The

application contains an automatic procedure to convert all units to

pounds at one time. It is recommended that users run that procedure,

listed below as "Convert Data to Lbs.," before printing any reports, and

before and after going in to edit the waste-in database.

Users may go into the waste-in database table at any time to edit fields and records, to correct any

errors or update the data as appropriate. Editing commands for use in this function, and also in

editing the database lookup tables, are:

<Ctrl><U> To undo a change made to a record (this will not operate after

the data has already been saved with <F2>).

<Ctrl><D> To automatically duplicate information in the same field in the

record just above.

<Alt><F5> To edit information within a field. <Enter> turns this function

off.

<F7> Form/table view toggle.

<Arrow> Arrow keys allow movement from field to field and from record

to record.

<Page> Page keys allow movement from record to record.

<Enter> Enter key allows movement from field to field and from record

to record.

<F2> To save data and changes to data.

<F10> To access the Menu Prompt.

Convert Waste-In Data to Lbs.

This is an automated procedure that computes all waste volumes to pounds, and then

automatically places that computed data into the Converted Pounds field. It is suggested that this

menu selection be chosen each time that waste-in data is added, or is revised, and before initial

reports are printed.

Print Reports

This menu selection brings up a sub-menu that presents the user with the following report

choices:

29

Print All Data

This menu selection will print a listing of all database information. The report will automatically

group generator records, and will sum up the generator total for converted pounds, assuming

the Convert Data to Lbs. procedure has been run.

Print Ranking List

This menu selection will run a procedure that automatically groups all generator data and ranks

them from the largest to the smallest generators

Print Alphabetical

This menu selection will print all waste-in data, grouped and sorted by generator in alphabetical

order.

Edit Lookup Tables

The NBAR application allows users to edit, revise, and print the database lookup tables. This is

critical for some cases where certain data or assumptions have to be changed in order to fit site-

specific conditions. For example, where document types are found that are not listed in the

Document Type lookup table. The new document types could be added to the list before

dataentry begins in the waste-in database table.

By selecting the "Edit Lookup Tables" menu item, the user will be presented with the following

sub-menu selections.

Containers -- Edit Containers

The Container Type lookup table lists containers typically associated with waste activities. An

occasion may arise where the lookup table does not reflect a container that is important in a

specific case. When this occurs, select this menu option and revise the lookup table as

appropriate.

The Container Type database table contains the following field structure:


________________ _________

Container Type A2*

Container A100

Container Type This is a 2 character alphanumeric field that is linked to the Waste-In

database table. Only codes that are already in this lookup table will be

allowed to be entered there. The application will automatically capitalize

characters entered here. Use an arbitrarily assigned code that will

approximate the container type to ease dataentry. For instance, for the

container type "Drum," the user might specify:

DM

Container The container name should be entered into this field. 100 alphanumeric

characters are allowed for the container name. Note that the application will

30

automatically capitalize the first word in this field. It is recommended that

normal caps and lower letters be utilized in dataentry. For instance:

Drum

Print Containers

This menu selection will print a listing of Container Type lookup table information. The report

will automatically sort alphabetically on the Container Type field

Units -- Edit Units

The Unit Type lookup table lists units typically associated with waste activities. An occasion

may arise where the lookup table does not reflect a unit that is important in a specific case. When

this occurs, select this menu option and revise the lookup table as appropriate.

The Unit Type database table contains the following field structure:


_______________ __________

Unit Type A2*

Unit A35

Multiplier N

Unit Type This is a 2 character alphanumeric field that is linked to the Waste-In database

table. Only codes that are already in this lookup table will be allowed to be

entered there. The application will automatically capitalize characters entered

here. Use an arbitrarily assigned code that will approximate the unit type to ease

dataentry. For instance, for the unit type "gallons," the user might specify:

GA

Unit The unit name should be entered into this field. 35 alphanumeric characters are

allowed for the unit name. Note that the application will automatically capitalize

all words in this field. It is recommended that normal caps and lower letters be

utilized in dataentry. For instance:

Gallons

Multiplier This is a numeric field. The multiplier is the value which when multiplied

against the Waste Volume field of the Waste-In database (e.g., total number of

gallons) will create converted pounds. Therefore it is critical that this value be

soundly achieved and based on a documentable value. The NBAR application

uses multipliers taken from U.S. EPA policy and guidance for NBAR production.

Print Units

This menu selection will print a listing of the Unit Type lookup table information. The report will

automatically sort alphabetically on the Unit Type field.

Document Types -- Edit Document Types

The Document Type lookup table lists documents typically associated with waste activities. An

occasion may arise where the lookup table does not reflect a document that is important in a

31

specific case. When this occurs, select this menu option and revise the lookup table as

appropriate.

The Document Type lookup table contains the following field structure:


_______________ ___________

Doct. Code A2*

Document Type A35

Doct. Code This is a 2 character alphanumeric field that is linked to the Waste-In database

table. Only codes that are already in this database table will be allowed to be

entered there. The application will automatically capitalize characters entered

here. Use an arbitrarily assigned code that will approximate the document type

to ease dataentry. For instance, for the document type "manifest," the user might

specify:

MA

Document Type The Document Type should be entered into this field. 35 alphanumeric

characters are allowed for the document type. Note that the application

will automatically capitalize all words in this field. It is recommended

that normal caps and lower letters be utilized in dataentry. For instance:

Manifest

Print Document Types

This menu selection will print a listing of Document Types database information. The report will

automatically sort alphabetically on the Doct. Code field

Leave

This menu selection will return the user to the DOS prompt.

32

Appendix B: Document File Organization, Indexing, And File Management InEnvironmental Cases: Computer Database And Programming Techniques


1. In a computer laboratory class, have students create and build an initial document file

index. Try to provide students with documents that fall into each of the six categories of

documents outlined in appendix B of the textbook.

Alternately, this project can be assigned as a homework project, letting students build the

index in a word processing or other software environment.

33

Appendix C: Key Telephone Contacts

Please refer to and spend time with your class on the textbook website links (see att. 1). This

would be a good use of computer laboratory time. Within a few clicks, up-to-date contact

information for federal and state agency representatives is easily accessible.

34

Appendix D: Selected Environmental Resources on the Internet

Again, please refer to and spend time with your class on the textbook website links (see att. 1).

This would definitely be a boon to any paralegal student to be able to efficiently find agency

information on the Internet. It is a skill that may be carried over to many (all?) other practice

areas.

35

Attachment 1Textbook Website Materials

(found at pearsonpub-legal.com)*

*Related files are contained on the Manual s corresponding diskette.

Current Catalog / Order Form

Essentials of the Internet Web Resources HomePage

Essentials of Intellectual Property Web Resources HomePage

Essentials of Environmental Law Internet Resource Area HomePage

Supplemental Materials for Instructors

Trends In Legal Studies Education

Educator Profile

Current Newsletter

Contact us

Supporting the legal education community with quality,

timely teaching materials

Welcome to our online address. It includes our book catalog with order form, supplemental information for instructors, an educator profile, and a perspective on trends in legal education. Several navigation links have been provided. Please e-mail us with any questions or comments you may have.

Thank you for visiting our site. Our e-mail address is [email protected]. We hope you will let us know how we can make your visit more productive.

Enika Pearson Schulze

Pearson Publications Company 9614 Greenville Avenue

Dallas, TX 75243

For information call (972) 661-8800 · Fax (972) 661-8701 e-mail address: [email protected]

©Copyright 2001 by Pearson Publications Company,

founder of Legal Assistant Today

Current Catalog / Order Form

Essentials of the Internet Web Resources HomePage

Essentials of Intellectual Property Web Resources HomePage

Essentials of Environmental Law Internet Resource Area HomePage

Supplemental Materials for Instructors

Trends In Legal Studies Education

Educator Profile

Current Newsletter

Contact us

Essentials of Environmental Law This website corresponds to the Essentials of Environmental Law (Dallas: Pearson Publications Company, 1998) textbook by Craig B. Simonsen. These pages include links to current activities and event, new and useful sites, and pages of environmental law related links.

Course Documents

Checkout current events and materials on this webpage.

Select this for links to interesting or useful new or updated sites.

Select this for links to the comprehensive environmental law links.

Please forward any broken links and any comments or suggestions!

Version 12072001

36

Attachment 2Course Syllabus(syllabus.doc)*


ESSENTIALS OF ENVIRONMENTAL LAW

COURSE SYLLABUS

Weekly Schedule

1. Introduction to course materials and requirements. Discussion of

paralegal activities in environmental law. Discussion of EPA library visit

and research paper requirements.

2. Preface and Introduction, Essentials of Environmental Law.

3. The Administrative Process Law. Chapter 8, Essentials of EnvironmentalLaw.

** Proof of library visit due third week of class.

4. National Environmental Policy Act. Chapter 7, Essentials ofEnvironmental Law.

5. Clean Air Act. Chapter 1, Essentials of Environmental Law.

** First draft research paper due fifth week of class.

6. Clean Water Act. Chapter 2, Essentials of Environmental Law.

7. Mid-term examination.

8. Comprehensive Environmental Response, Compensation, and Liability

Act. Chapter 5, Essentials of Environmental Law.

9. Computer laboratory. Appendix A, Essentials of Environmental Law.

Hands-on use of personal computers in environmental law: databases and

building an NBAR database.

10. Toxic Substances Control Act. Chapter 4, Essentials of EnvironmentalLaw.

** NBAR assignment due by tenth week of class.

11. Solid Waste Disposal Act. Chapter 3, Essentials of Environmental Law.

12. Emergency Planning and Community Right-To-Know Act. Chapter 6,

Essentials of Environmental Law.

** Final Research paper due by twelfth week of class.

13. Classroom summations and presentations of research papers.

14. Final examination.

37

Attachment 3Mid-Term Examination

(quiz01.htm; quiz01.doc)*



MID-TERM EXAMINATION

Answer each of the following questions.

True or False questions. 5 Points ea.

1. A fundamental problem with the Federal pollution control scheme is

due to the way that the Agency has divided into separate departments

of authority, with each acting essentially independently?

True

False

2. Pollution has always been considered a national problem?

True

False

3. Under the Federal water pollution scheme, the states were primarily

responsible for the establishment of water quality standards?

True

False

4. Since the beginning of the Environmental Decade the Federal focus

has turned from concern over hazardous substances to concern for

specific environmental media?

True

False

5. CERCLA is synonymous with SARA and both are commonly known

as Superfund?

True

False

6. EPCRA involves the planning for responses to hazardous material

incidents, and requires notification of such materials handling to

proper authorities?

True

False

7. The emission inventory is a list of primary air pollutants emitted into a

community’s atmosphere, per day, by type of source?

True

False

8. The definition of water pollution is precisely stated in the CWA?

True

False

9. In an administrative rulemaking the Agency does not normally accept

public comments?

True

False

10. Paralegals may, in some cases, monitor and participate in

environmental administrative hearings?

True

False


Multiple Choice questions. 10 Points ea.

11. The development of natural resources law can be said to:

A. Have developed philosophically during the years 1840 to 1891

B. Been dominated by the conservationists politically from 1891

to 1969

C. Gained national political priority since the end of the Vietnam

conflict

and with the implementation of the Civil Rights Law

D. All of the above

E. None of the above

12. The CWA regulates:

A. Point and non-point sources.

B. Municipal and industrial discharges.

C. Direct and indirect discharges.

D. All of the above.

E. None of the above.

13. The environmental decade was brought on by:

A. Post World War II growth of affluence.

B. The growth of the synthetic organic chemical industry.

C. All of the above.

D. None of the above.

14. The term welfare under the CAA is applied to protect:

A. Crops, livestock, and vegetation.

B. Buildings.

C. Visibility.



15. The Federal bureaucracy for the control of hazardous substances involves:

A. Some 20-plus Federal laws.

B. Six Federal agencies.

C. Hundreds of thousands of chemical substances.




MID-TERM EXAMINATION

CONFIDENTIAL INSTRUCTOR S COPY WITH ANSWERS


True or False questions. 5 Points ea.

1. A fundamental problem with the Federal pollution control scheme is due to the

way that the Agency has divided into separate departments of authority, with

each acting essentially independently?

True

False

TRUE

2. Pollution has always been considered a national problem?

True

False

FALSE

3. Under the Federal water pollution scheme, the states were primarily

responsible for the establishment of water quality standards?

True

False

TRUE

4. Since the beginning of the Environmental Decade the Federal focus has turned

from concern over hazardous substances to concern for specific environmental

media?

True

False

FALSE

5. CERCLA is synonymous with SARA and both are commonly known as

Superfund?

True

False

TRUE

6. EPCRA involves the planning for responses to hazardous material incidents, TRUE

and requires notification of such materials handling to proper authorities?

True

False

7. The emission inventory is a list of primary air pollutants emitted into a

community’s atmosphere, per day, by type of source?

True

False

TRUE

8. The definition of water pollution is precisely stated in the CWA?

True

False

FALSE

9. In an administrative rulemaking the Agency does not normally accept public

comments?

True

False

FALSE

10. Paralegals may, in some cases, monitor and participate in environmental

administrative hearings?

True

False

TRUE


Multiple Choice questions. 10 Points ea.

11. The development of natural resources law can be said to:

A. Have developed philosophically during the years 1840 to 1891

B. Been dominated by the conservationists politically from 1891 to 1969

C. Gained national political priority since the end of the Vietnam conflict

and with the implementation of the Civil Rights Law

D. All of the above

E. None of the above

D.

12. The CWA regulates:

A. Point and non-point sources.

B. Municipal and industrial discharges.

C. Direct and indirect discharges.



D.

13. The env ironmental decade was brought on by:

A. Post World War II growth of affluence.

B. The growth of the synthetic organic chemical industry.

C. All of the above.

D. None of the above.

C.

14. The term welfare under the CAA is applied to protect:

A. Crops, livestock, and vegetation.

B. Buildings.

C. Visibility.



D.

15. The Federal bureaucracy for the control of hazardous substances involves:

A. Some 20-plus Federal laws.

B. Six Federal agencies.

C. Hundreds of thousands of chemical substances.



D.

38

Attachment 4Certificate of Library Visit

(visit.doc)*



CERTIFICATE OF LIBRARY VISIT

This is to certify that __________________________ visited the ___________________

____________________Library, between the hours of 10:00 A.M. and 4:30 P.M., on

____________________, 200_.

_________________________

________________, Librarian

39

Attachment 5Research Paper Assignment

(paper.doc)*



RESEARCH PAPER ASSIGNMENT

Each student must, in consultation with the instructor, select a substantive new, proposed,

or amended regulation to summarize. Students may select the rule from state or federal

rulemaking.

Each research paper must include:

1. Office memorandum formatting (e.g., To, From, Re, Date).

2. Complete citation to the rule reviewed.

3. Statutory authority for the rulemaking.

4. Discussion of the purpose for the rule.

5. Discussion of the background and history of the rule.

6. A summary of the requirements of the rule.

40

Attachment 6Final Examination

(final.htm; final.doc)*


Attachment 7Blackboard.Com Course Site

(coursesite.blackboard.com)


FINAL EXAMINATION

CONFIDENTIAL INSTRUCTOR S COPY WITH ANSWERS

Answer FULLY each of the following questions.

Essay questions. Three at 20 Points ea.

1. Discuss the various types of Federal environmental law that

concern the management of and control of hazardous

substances and environmental risk, as opposed to those that

concern the management of specific environmental media.

Describe each such statue including its origin, purposes,

provisions, and effectiveness?

See generally, chapters3 (TSCA), 4 (RCRA),5(CERCLA), and 6(EPCRA).

2. Describe the idealism that led up to the environmental

decade. What changes came from that idealism? Discuss

the major provisions of federal environmental laws adopted

during the environmental decade?

See generally,Introduction

3. Under TSCA, what is meant by existing chemicals ? EPA reviews PMNs insix stages. These stagesinclude prenoticecommunication, processstart-up, initial review,detailed review,regulatory response,and closeout. Duringthis review, EPA willconsider economicbenefits and willconsider if the proposedchemical will displace amore toxic substancealready on the market.If EPA takes no actionon the notice withinninety days, themanufacturer maybegin production. Themanufacturer mustsupply EPA withfurther notice thatmanufacture willcommence. At thatpoint EPA adds thechemical to the TSCAInventory. Once listed,the substance isconsidered an existingchemical. This stepessentially legalizes themanufacture of thesubstance.

Answer FULLY the following question.

Essay question. One at 40 Points ea.

4. In three parts:

A) Outline and discuss the major provisions of the Clean Air Act.

B) What forms and documents would fall under this law?

C) How might these provisions impact an industrial facility?

Until 1990, the CleanAir Act consistedprimarily of provisionsrelating to automobiles,the prevention ofsignificant deterioration("PSD") of air qualityin areas where airquality was good, andthe National AmbientAir Quality Standards( NAAQSs ), which setmaximumconcentrations ofpollutants that will beallowed in the outsideair. Then in 1990, theCAA was substantiallyamended to include: a)provisions for extendeddeadlines for achievingthe NAAQSs for ozonein areas experiencingcontinued problems,coupled with expandedcontrol requirements;b) expanded regulationof toxic air pollutants;and c) a unifiedoperating permitprogram.

Air permit applicationforms andauthorizations(permits); periodicreporting records;annual emissionsreports from regulatedemission sources;Control TechnologyGuidelines ( CTGs );and Notice of Violation( NOV ).

The facility might havesome difficultycomplying with thebroad and detailedrequirements of theCAA, and especiallywith responding toextensive EPAinformation requestsand investigations. Thepermitting documents(such as the applicationforms and supportingengineering calculationsand data) and emissionsmonitoring andreporting may bebeyond the expertise oftypical in-house staff.


FINAL EXAMINATION

Answer FULLY each of the following questions.

Essay questions. Three at 20 Points ea.

1. Discuss the various types of Federal environmental law that concern the management of and

control of hazardous substances and environmental risk, as opposed to those that concern the

management of specific environmental media. Describe each such statue including its origin,

purposes, provisions, and effectiveness?

2. Describe the idealism that led up to the environmental decade. What changes came from

that idealism? Discuss the major provisions of federal environmental laws adopted during the

environmental decade?

3. Under TSCA, what is meant by existing chemicals ?

Answer FULLY the following question.

Essay question. One at 40 Points ea.

4. In three parts:

A) Outline and discuss the major provisions of the Clean Air Act.

B) What forms and documents would fall under this law?

C) How might these provisions impact an industrial facility?

41

Using the Blackboard Coursesite

Loading the Coursesite

Schools and instructors that are planning to use the Blackboard.Com coursesites which

correspond directly to the textbook will have to load the export files which are formatted so that

they can be imported into a coursesite on any Blackboard system that is running Bb version 5.0.2

or higher. Instructors will need to request the system administrator to load the coursesite before

they will be able to work with it.

To use the Blackboard.Com coursesite, Instructors will need first to go coursesite.blackboard.com

and sign-in. Of course, modify these directions as instructed by your school system

administrator.

New users will need to sign-up by registering with the site, which requires providing some

personal information. In the registration process registrants are allowed to select a personal

screen name and a password to log-on to the site.

Using and Individualizing the Coursesite

The Blackboard.com coursesite provides instructors with numerous tools and resources for course

presentation. For instance, the coursesite pages provide the instructor with a student registration

and grading system that may be used for their class. The coursesite provides a testing system that

allows students to take examinations over the Internet, and if set-up properly by the instructor,

will GRADE AUTOMATICALLY, and record the grade in the students course records. The

coursesite as provided by PPC, comes with a self-grading mid-term examination, and a final

exam that is partially self-grading. Instructors may use the mid-term and final examinations

provided, or they may modify them, or create their own. The testing (assessment) system is user

and Internet friendly to use.

The coursesite also provides instructors and students with Internet links that may be used during a

course presentation in exploring Internet materials and research, or may be used for supplemental

assignments to the class.

Coursesite Pages

Examples of the coursesite pages are attached for your reference.

Copyright © 1997-2001 Blackboard Inc. All Rights Reserved.

Blackboard 5

Welcome to Blackboard.com on Blackboard 5, the comprehensive and flexible e-Learning software platform from Blackboard Inc. After you have an account, you can create a CourseSite to bring your learning materials, class discussions, and even tests online. You can also enroll in courses and participate in communities that are offered through Blackboard.com on Blackboard 5. Create an account now - for FREE! Learn more...

Create an Account

Before clicking on the "Create Account" button to the left, you must verify that you have read our Terms of Use and that you are either over 12 years of age or have parental permission to use this site.

I have read and agree to these Terms of Use. I also verify that I am over 12 years of age, or that if I am under 12 years of age, I have parental permission to use this site.

gfedc

Privacy Statement | Terms of Use are strictly enforced.

Create an Account

Before clicking on the "Create" button below, you must verify that you have read our Terms of Use and that you are either over 12 years of age or have parental permission to use this site.

I have read and agree to these Terms of Use. I also verify that I am over 12 years of age, or that if I am under 12 years of age, I have parental permission to use this site.

gfedc

You can access as a guest by clicking the "Preview" button below

You can create an account by clicking the "Create" button below

Have an Account? Login Here.

If you already have an account, enter your login information here and click the "Login" button below. Otherwise, leave blank and click another option to the left.

USERNAME:

PASSWORD:

Forgot your password?

Copyright © 1997-2001 Blackboard Inc. All rights reserved.

Announcements

Calendar

Tasks

My Grades

Web E-mail

Send E-mail

User Directory

Address Book

Personal Information

Welcome, Craig!

My Announcements

No announcements have been posted today.

more...

My Courses

Courses you are teaching:

Essentials of Environmental Law

Essentials of the Internet

WebTutor and Course Technology Cartridges

If you are teaching a course that is using a WebTutor or Course Technology course cartridge, or if you are a student who used an access key to access content in a course using a WebTutor or Course Technology course cartridge, please note that your course has been moved to the following new website: http://thomson.blackboard.com. At the new website, please login using the same username and password as you have been using on coursesites.blackboard.com. Thank you.

Coursesites Notices

What's happening with Coursesites.blackboard.com?

The free course creation service on Coursesites.blackboard.com has seen enormous growth this fall. The number of users on this system has compounded exponentially in the past seven weeks to over 172,000, making Coursesites among the largest implementations of the Blackboard platform.

We are pleased to see that so many people want to use Blackboard. However, we did not forecast this rate of adoption for our free service, and the demands of users have exceeded the capacity of our current hardware. Our experienced server team has upgraded and tuned the system repeatedly, but every upgrade has been quickly consumed by

advanced search

None.

Course List

Courses you are teaching:

Essentials of Environmental Law

Course ID: LEG555

Instructor(s):Craig Simonsen

Enika Pearson Schulze

Essentials of the Internet

Course ID: LEG551

Instructor(s):Craig Simonsen Christian Andersen Enika Schulze Enika Pearson Schulze Christian Andersen

Courses in which you are participating:

Course Catalog

• Categories are not in use at this time. Browse Course Catalog

COURSES > LEG555

Course Information

Current Location: Course Information

Essentials of Environmental Law This course site corresponds to the Essentials of Environmental Law textbook (Dallas: Pearson Publications Company, 2nd ed. 1998)

Syllabus Course Syllabus ( 20480 Bytes ) This is the course syllabus, with the weekly reading schedule and assignment due dates

COURSES > LEG555

Staff Information

Current Location: Staff Information

Author Craig B. Simonsen E-mail: [email protected] Work phone: 312-739-6223

Notes: Craig B. Simonsen is a Senior Litigation Paralegal and Immigration Specialist at the Chicago office of Seyfarth Shaw. He has also been an adjunct instructor for the Paralegal Studies Program formerly at Mallinckrodt College in Wilmette, Illinois, and has taught continuing education seminars for the Roosevelt University's Lawyer's Assistant Program, in Chicago, Illinois. Craig received his M.A. (1985) in History from Northeastern Illinois University, and has a lawyer's assistant certificate from the Roosevelt University Program. Craig has two other books: the Essentials of the Internet(2002), also published by Pearson Publications Company, and the Environmental Law Resource Guide (New York: Clark Boardman and Callaghan, 1993). Craig has also had published numerous articles on various topics.

COURSES > LEG555

Course Documents

Current Location: Course Documents

Resources The comprehensive environmental law links webpage provides links to all the information you may ever need or desire relating to environmental law

Resources The current events and materials webpage lists articles recent news items relating to environmental law topics.

Resources Review interesting and useful new or updated websites on this page.

COURSES > LEG555

Assignments

Current Location: Assignments

Research Paper Research Paper Assignment ( 19968 Bytes )

EPA Library Visit "Certificate of Visit" ( 19456 Bytes ) Students must visit a local library, seeking out especially environmental research materials. If the school is near to a state or federal EPA library, that is ideal. Large university libraries can be useful as well. Students be sure to complete a "Certificate of Visit" form to verify your visit

NBAR Database Unzip the nbar.zip file, leaving the subdirectories and paths in-place. Then run the application from "My Computer" in the "c:\nbar\" directory, by executing the "MS/DOS" file "pdoxrun.pif".

COURSES > LEG555

Books

Current Location: Books

Course Textbook The textbook is the Essentials of Environmental Law, by Pearson Publications Company (Dallas: 2nd ed. 1998)

Reference Materials For reference see the Environmental Law Resource Guide (Clark Boardman Callaghan/Estrin Paralegal Practice Series)

Reference Materials For reference see the Federal Environmental Laws 2000 (West Publishing)

Copyright © 1997-2001 Blackboard Inc. All Rights Reserved.

COURSES > LEG555 > CONTROL PANEL

Control Panel

LEG555: Essentials of Environmental Law Craig Simonsen, Instructor

Announcements Course Information Staff Information Course Documents

Assignments Books External Links

Add Users List / Modify Users

Remove Users Manage Groups

Course Calendar Tasks Send E-mail

Discussion Board Chat Digital Drop Box

Assessment Manager Pool Manager

Online Gradebook Course Statistics

Course Settings Course Utilities

Course Images Resources

Online Support Online Manual Contact Sys Admin

COURSES > LEG555 > CONTROL PANEL > ASSESSMENT MANAGER

Assessment Manager

Last Modified Name Type Availability

Nov 8, 2001

Mid-Term Examination Quiz/Exam

Not Available

Nov 8, 2001

Take-Home Final Examination Quiz/Exam

Not Available